(1.) Present acquittal appeal has been filed by the appellant - Food Inspector - Ahmedabad Municipal Corporation, under Sec. 378 of the Cr. P.C., against the Judgment and order dtd. 30/1/2012, rendered in Criminal Case No.46 of 2002 by the learned Metropolitan Magistrate, Court No.8, Ahmedabad. The said case was registered against the present respondent No.1 - original accused for the offence punishable under Sec. 7(1) and Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short "PFA Act") in the Court of learned Metropolitan Magistrate, Ahmedabad, wherein the learned Magistrate was pleased to acquit the respondent - accused of the charges levelled against the respondent no.1 - accused.
(2.) As per the case of the prosecution on 4 th May, 2022 at about 1:00 p.m. the appellant (complainant Food Inspector), with his peon Haribhai C. Parmar visited the shop of accused - respondent no.1, Pawan Parlour, 9, Arjun Complex, Naroda, Ahmedabad. At that point of time, the accused was present at the place and was doing the business of selling milkshake. The appellant called one Shri Vipulbhai N. Parikh, who was passing from tghere and gave his introduction to the accused and Panch as a food inspector of Municipal Corporation and checked the place and thereafter purchased 900 gms. of Mango Milkshake from the shop. The appellant further inquired about the ownership of the business and documentary evidence, however the accused informed that he is the owner of the shop but did not produce any material in that regard.
(3.) Mr. Harsh Shah, learned advocate appearing on behalf of M/s. R.J. Rawal Associates for the Food Inspector - appellant has contended that the judgment and order of acquittal is contrary to law and evidence on record and is not proper.
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